EXCESS,
SURPLUS LINES AND REINSURANCE
(ESLR)
Committee News
Feature
Publication
ESLR Committee Announces a New Edition
of Annotations to Surplus Lines Statutes
The Excess, Surplus Lines and Reinsurance Committee, Tort & Insurance Practice Section
of the American Bar Association (ESLR) is happy to announce that it has completed a
thorough revision of Annotations to Surplus Lines Statutes. This new edition surveys the
surplus lines laws of all U.S. jurisdictions. It is broken down by section and includes a
state by state summary of: (i) Statutory Approval Requirements; (ii) Eligibility Lists;
(iii) Coverage Eligibility; (iv) Filing and Tax Requirements; (v) Self-Procurement as an
Alternative to the Surplus Lines Law; (vi) Service of Process; (vii) Surplus Lines
Association and Stamping Office Information; and (viii) Policy Issuance Requirements.
A sub-committee chaired by Bob Ferm of Hall & Evans in Denver put several months of
planning and research into this project. The result is a total revision of the prior
editions. Numerous ESLR members and others contributed to the research necessary to
complete this Third Edition. To the sub-committee's knowledge, this is the first time all
the U.S. Surplus Lines statutes and regulations have been compiled in a single publication
and, building on the earlier editions, is believed to be the most comprehensive analysis
of this area of insurance law to be found anywhere.
Annotations to Surplus Lines Statutes arose from a need within the industry for an
all-inclusive place where attorneys, insurers, brokers or state regulators can go to
obtain information on individual state requirements for the placement of surplus lines
insurance coverage. Given the unique nature of the surplus lines business, the lack of any
reported case decisions, and the differing ways surplus lines is regulated throughout the
country, research into a particular state's law could be filled with many detours and
dead-ends. In some states, the applicable standards are clearly spelled out in the
statutes. In others, the details can only be found in the insurance regulations. In yet
others, there are no published standards and guidance can only be found after several
hours of digging and numerous phone calls. This new publication provides the surplus lines
market with a comprehensive tool whereby all state information can be found in one source.
This project could not have been done without the assistance of numerous individuals who
gave generously of their time and talents. The contributors included: Richard Bouhan,
NAPSLO; Robert Brooks, CIGNA; Patricia Doyle, LeBouf, Lamb; Paul Falon, Fried, Frank;
Kevin Hughes, Travelers; Dan Maher, ELANY; Charlene McHugh, LeBouf, Lamb; Gerald Murray,
INEX, Carol Newman, Fireman's Fund (Interstate National); David Ocasek, Surplus Lines
Assoc. of Illinois; Grahame Wells, Liberty Mutual; John Wethey, Surplus Lines Assoc. of
Colorado. Bob Ferm's office in Denver and Jerry Murray's office in Chicago were
instrumental in recruiting contributors, organizing the subject matter and editing the
final product. With continuing support, the sub-committee expects to issue periodic
updates as necessary.
Pricing and Ordering information for Annotations to
Surplus Lines Statutes, Third Edition
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